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BANK RECEIVER SUES ON BONDS FOR SHORTAGES
Claims $95,000 on Losses Through Embezzlement and Conversion by Three Officers.
Charles J. Smith, receiver for the closed Commercial Savings bank of Moline, began suit yesterday in the Rock Island county circuit court against the National Surety company, in an effort to collect $59,000 on two fidelity bonds, claiming loss of $180,000 to the bank through wrongful acts of Reynold M. Johnson. Jerome J. DeWachter and the late Walter A. Hanson. Johnson, former cashier, is serving prison term on a charge of withholding school deposits, and was not tried on indictments charging embezzlement and conversion of bank funds. DeWachter, who was assistant cashier, was convicted of embezzlement and conversion of $809 and yesterday sentenced to one to 10 years in prison, and allowed time to appeal the case. Indictments returned against him charge conversion of a total of $37,339.37. Hanson. also an assistant cashier, killed himself after the bank closed. and in trials of Johnson and DeWachter it was sought to show that Hanson was responsible for mishandling of the bank's funds and also the school funds in Johnson's hands as treasurer of the school township. Two bonds are involved in the suit begun by the receiver, and the claim has been filed in a chancery action, instead of a law suit, the receiver setting out in his bill that it would be difficult or impossible to produce proper proof in a law case, but that the claim can be established in a court of equity. One of the indemnity bonds cannot be produced, the receiver says, and he asks the court to compel the defendant to replace it. A copy of the bond form in use at the time the bond was originally issued is included in the bill.
It is claimed that the company on March 3, 1922, executed bond to indemnify the bank against embezzlement, conversion or misappropriation by employes and that the bond specifically covered actions of Johnson to the extent of $15,000. DeWachter to $10,000 and Hanson to $10,000. It is charged that between the date the bond was issued and the date the bank closed, Sept. 23, 1931, the bank sustained pecuniary loss through wrongful acts or omissions of each of the three former officers, specifying the sum of $75,000 as the amount of the loss in the case of each. Under the bond it claims $15,000 because of Johnson's acts, and $10,000 each because of acts of DeWachter and Hansou. "Under a "banker's blanket bond' executed, according to the receiver's bill, May 17, 1929. the bank was protected to the extent of $50,000, and it is claimed it suffered loss of $100,000. It is claimed in the bill that the fact of its losses was not learned till Oct 24, 1931. and that the defendant was notified for the bank of the loss, and granted to Feb. 20, 1932, to file its full claim, and that the claim was filed Feb. 16, 1932. It is asked in the bill that the surety company replace the lost bond, that an accounting be made of losses sustained by the bank. and that the jcompany be ordered to pay such sums as will compensate the bank for its losses up to the amount of each of the two bonds. J. F. Harper and S. R. Kenworthy filed the bill as attorneys for the receiver.